Imposition of a sentence of fine and related matters

18 U.S. Code § 3572. Imposition of a sentence of fine and related matters

(a)Factors To Be Considered.—In determining whether to impose a fine, and the amount, time for payment, and method of payment of a fine, the court shall consider, in addition to the factors set forth in section 3553(a)—
(1)
the defendant’s income, earning capacity, and financial resources;
(2)
the burden that the fine will impose upon the defendant, any person who is financially dependent on the defendant, or any other person (including a government) that would be responsible for the welfare of any person financially dependent on the defendant, relative to the burden that alternative punishments would impose;
(3)
any pecuniary loss inflicted upon others as a result of the offense;
(4)
whether restitution is ordered or made and the amount of such restitution;
(5)
the need to deprive the defendant of illegally obtained gains from the offense;
(6)
the expected costs to the government of any imprisonment, supervised release, or probation component of the sentence;
(7)
whether the defendant can pass on to consumers or other persons the expense of the fine; and
(8)
if the defendant is an organization, the size of the organization and any measure taken by the organization to discipline any officer, director, employee, or agent of the organization responsible for the offense and to prevent a recurrence of such an offense.
This document is only available to subscribers. Please log in or purchase access.